STATE OF MAHARASHTRA Vs. JAWAHARLAL SHAMLAL UJAWANE

JUDGEMENT

(1.) THE State of Maharashtra has preferred this appeal for enhancement of the sentence passed by the learned Joint Civil Judge and J. M. F. C. Gondia, sentencing the respondent to pay a fine of Rs. 300/ -in default to suffer rigorous imprisonment for one month after convicting him under Section 258 (2) Cr.P.C. of offences punishable tinder Section 27 (b) read with Sections 18 (a)(i) and 18 (a)(ii) of the Drugs and Cosmetics Act, 1940.

(2.) THE respondent is the proprietor of a shop known as 'Jawaharlal Medical Stores' at Salekasa, a village in Tah. Gondia. On 18th November 1970, on an inspection of the respondent's shop, the Drugs Inspector found a stock of 4 dozen bottles of a drug labelled simply, 'Santonine (India)', with no obtain information, to wit, the name of the manufacturer, batch number and so forth. Thereupon the sale of the drug was prohibited and on 21st April 1971 samples were taken. The Public Analyst made his report stating that the sample was not of standard quality, that it was not even Santonine and that the test showed presence of magnesium and sulphate. A report was lodged with the police by the Drugs Inspector, The stock of Santonine in the shop was seized and the Drugs Inspector lodged his complaint against the respondent and his brother, who was present in the shop at the time of inspection by the Drugs Inspector. In the trial Court, the respondent's brother was acquitted. Against the respondent, the learned Magistrate held that the respondent had stocked for sale the drag 'Santonine' which was not of standard quality and was not labelled in the prescribed manner. On that finding, the learned Magistrate convicted and sentenced the respondent as stated in the opening part of this judgment. Hence the present appeal by the State for enhancement of sentence.

(3.) ELABORATING his first contention, Mr. Manohar invited our attention to R. 37 which prescribed the procedure for despatch of sample to the Government Analyst and to Rule 46 which lays down the procedure to be followed on receipt of the sample. Sub -rule (1) of Rule 57 provides that the portion of sample or the container sent by an Inspector to the Government Analyst for test or analysis under Sub -section (4) of Sec 23 of the Act shall be Sent by registered post or by hand in a sealed packet, enclosed together with a memorandum in Form 18 in an outer cover addressed to the Government Analyst. The provisions of Section 23 (4) are not material for the purpose of this judgment. Sub -rule (2) of Rule 57 provides that a copy of the memorandum and a specimen impression of the seal used to seal the packet shall be sent to the Government Analyst saparately by registered post or by hand.